ARTICLE I – NAME AND PURPOSE

Section 1: Name.

The name of the organization shall be the Smith County Democratic Party County Executive Committee, which operates as the Smith County Democratic Party (hereafter referred to as “SCDP”).

Section 2: Purpose.

The purposes of the SCDP are:

a) To represent the Democratic Party in Smith County, Texas, by embodying Democratic principles and championing Democratic values

b) To assist and promote Democratic Party candidates to serve Smith County at the local, state and federal levels

c) To grow the Democratic Party in Smith County, Texas

d) To conduct Democratic Party primaries in Smith County, Texas, in accordance with the law and applicable procedures

e) To oversee the conduct of affairs of the SCDP

f) To liaise with other Democratic organizations in Smith County

g) To carry out whatever other functions the County Executive Committee determines necessary and appropriate, consistent with the purposes of the SCDP

ARTICLE II – MEMBERS OF THE ORGANIZATION THE COUNTY EXECUTIVE COMMITTEE

Section 1: Elected Members.

The County Executive Committee (hereafter referred to as “CEC”) will be composed of the County Democratic Party Chair and one Precinct Chair from each election precinct in the county, as is required by the Texas Election Code (§171.022) and the rules of the Texas Democratic Party.

To qualify for the office of County Chair or Precinct Chair, a candidate must:

a) Be at least 18 years of age

b) Be a resident of Smith County

c) Have voted in the last Democratic primary election or have signed an oath of affiliation with the Democratic Party

d) Not be a candidate for or hold any other federal, state, or county elected office

Each member shall take an oath of office administered by the County Chair or the designee at the start of their term:

IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS, I, __________, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of __________ of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State.

Section 2: Duties of Precinct Chairs.

The primary duty of Precinct Chairs is to elect Democrats. Therefore, Precinct Chairs shall:

a. Participate in CEC meetings and have the privilege of the floor and may vote

b. Complete trainings as required by the CEC

c. Identify, register, educate and turn out voters in their precinct

d. Recruit additional precinct chairs and volunteers for the SCDP

e. Organize events on a frequent basis within the precinct to engage voters

f. Fundraise

g. Serve on one or more committees

h. Help grow the SCDP

Section 3: Duties of Precinct Captains.

Where Precinct Chairs are unavailable, Precinct Captains shall have the same duties as the Precinct Chair, except captains may not vote.

Section 4: Appointed Members.

In addition to elected members, the Chair and the CEC may appoint anyone to serve as an officer (other than the Chair) and/or committee member as needed. Appointed non-CEC members may participate in CEC meetings but shall not vote.

Section 5: Term of Office.

The term of office for members of the CEC shall begin on the twentieth day following the Primary Runoff and shall continue for two years or until their successors are elected and certified, as is required by the Texas Election Code (§171.022(c)) and the rules of the Texas Democratic Party.

Section 6: Meetings.

Meetings at all levels of SCDP shall be open to all Democrats and open to the press. A statutory meeting of the CEC shall be held in December of odd numbered years for the purposes of actions required for conduct of the primary and organizational matters for conducting county and senatorial conventions.

The CEC, upon a call by the chair, shall meet monthly throughout the two year term between elections. Statutory meetings called for by the Texas Election Code may be counted toward the monthly meeting requirement of the CEC. The CEC meetings shall not be scheduled during the week of the biennial state convention and county/Senatorial district convention, except to a) fill a ballot vacancy, b) endorse a candidate in a special election or c) if the nature of the business is such that it cannot wait until the adjournment of that convention.

CEC meetings shall be chaired by the County Chair. If the County Chair is not present, then the Secretary or any qualified Democrat may conduct the meeting. The County Chair or presiding chair may designate a member to fulfill the duties of any other officer who is not present at a meeting, excluding proxy voting.

All meetings of the CEC shall adhere to Robert’s Rules of Order Newly Revised (RONR).

Section 7: Notice of Meetings.

The CEC shall be notified by written or electronic notice at least five days in advance of all meetings, which shall include minutes of the previous meeting and a proposed agenda for the upcoming meeting, excluding emergency situations. For the benefit of all Democrats, public notice of meetings may be made by email, the SCDP website, or other public means.

Upon request to the SCDP, minutes of CEC meetings shall be made available.

If a County Chair fails to issue a written call for a CEC meeting within six months of the previous CEC meeting, 25% of the members of the CEC may call a meeting by written demand. Notice of such meeting, including an agenda of the business to be considered, shall be mailed or sent by electronic mail to all members of the CEC at least fourteen (14) days prior to the date of the meeting and shall state the time, date and place and the names of the persons issuing the call.

Section 8: Quorum.

The quorum for conducting statutory business is 40%. The quorum for conducting non-statutory business shall consist of not less than 25% of the membership, excluding vacancies.

Expenditure of funds by the CEC, unless otherwise specified by law, shall require the approval of at least 50% + 1 of its members present.

Each CEC or other executive committee (district, precinct, committees of a CEC or otherwise), at the will of the Chair or the majority of the CEC, may meet via telephone conference, video conference or electronic web platform at the discretion of the Chair.

All precinct chairs participating in such committee meetings shall be counted toward the meeting quorum.

Proxy voting and secret ballots are not permitted.

Section 9: Vacancies.

When a vacancy occurs, the CEC shall follow the guidelines and procedures set forth in the Texas Democratic Party Rules.

ARTICLE III – OFFICERS

All officers shall be responsible for implementing the policies and decisions made by the CEC.

Section 1: Chair.

The Chair of the SCDP shall be elected by majority vote in the Party Primary Election held in even-numbered years. The Chair shall be elected by the qualified voters of Smith County.

a) The County Chair has the ultimate responsibility to assure the statutory duties of the CEC are met, including, but not limited to:

1. Ensuring the proper operation of the Democratic Primary Election

2. Collecting filing fees from candidates

3. Determining the order of names on the primary ballot

4. Canvassing primary election results

5. Setting and publicizing times and places for county, senatorial district and state conventions

b) In addition, the County Chair is responsible for operation of the SCDP and has the unofficial duty to:

1. Recruit precinct chairs and volunteers who will enthusiastically carry out their duties and promote Democratic values

2. Provide opportunities for thorough training for precinct chairs, volunteers, candidates, and other Democratic leaders

3. Appoint a parliamentarian

4. Appoint a sergeant at arms

5. Schedule and chair CEC meetings

6. Appoint interim officers until the CEC acts to fill vacant roles

7. Raise funds to support SCDP efforts

8. Liaise with local Democratic clubs and allied organizations

9. Develop and maintain a working relationship with local media

10. Recruit candidates

11. Execute any deeds, mortgages, bonds, contracts, or other instruments that the CEC has authorized to be executed. However, the Chair may not execute instruments on behalf of the SCDP if this power is expressly delegated to another officer, agent, or committee of the SCDP by the CEC, the Rules, or statute.

Section 2: Deputy Chair.

The CEC may elect two Deputy Chairs to serve a term that shall run concurrently with the term of office of the CEC. The Deputy Chairs need not be members of the CEC but will need to meet the same criteria as qualified members, described in the rules of the Texas Democratic Party.

The duties of the Deputy Chairs shall be to preside over meetings, should the Chair be unable to conduct them. Additional duties are at the discretion of the Chair.

Section 3: Secretary.

In accordance with the rules of the Texas Democratic Party, the CEC shall elect a Secretary. If the CEC fails to elect someone, the County Chair may appoint a Secretary until the committee acts. The Secretary need not be a member of the CEC.

The term of office of the Secretary, whether appointed or elected, shall run concurrently with the term of office of the CEC.

The Secretary shall:

1. Keep the minutes of all CEC meetings and receive all reports presented at the meeting

2. Record attendance of CEC meetings in the minutes

3. Be responsible for SCDP correspondence as directed by the County Chair

4. Send notices to CEC members as directed by the County Chair

5. Send notices out five (5) days before the scheduled date of all CEC meetings

6. Be responsible for the public posting of CEC meetings

7. Be the custodian of all records of the SCDP, including all minutes, reports presented at CEC meetings, attendance records, the master schedule of SCDP events, and any other documents deemed necessary to keep as directed by the County Chair or the CEC. The records shall be maintained by the Secretary in locations agreed upon by the County Chair and the Secretary. These records shall be available for inspection by any member of the SCDP.

8. Maintain a current roster of CEC members and members of official committees, with contact information, for distribution as directed by the County Chair or the CEC

9. Keep inventory of all leased or loaned property belonging to the SCDP

10. Ensure that standard accounting principles will be applied to all physical inventory and records retention

11. Assist the County Chair in conducting elections and obtaining and distributing election-related materials to members of the CEC, Election Judges, and Election Clerks

12. Transfer all records to the incoming County Chair by the end of the term

13. Perform other duties applicable to the office as contained in these bylaws, or as prescribed by Robert’s Rules of Order Newly Revised (RONR)

The Secretary is legally authorized to receive applications for a place on the Primary ballot, and an application received by the Secretary shall be filed officially.

The Secretary may be recalled by a 2/3 vote of the CEC present at the CEC meeting in which a quorum exists. The CEC members must receive at least a five (5) day written notice that this action will be on the agenda at the next regularly scheduled CEC meeting.

Section 4: Treasurer.

The CEC may elect a Treasurer, whose term shall run concurrently with the term of office of the CEC. If the CEC fails to elect someone, the County Chair may appoint a Treasurer until the committee acts. The Treasurer need not be a member of the CEC but will need to be qualified for the position and meet the same criteria as qualified members, described in the rules of the Texas Democratic Party.

The Treasurer shall:

1. Be the custodian of funds in bank accounts and pay all bills

2. Keep an accurate record of all funds received and spent by the CEC

3. Make timely reports to the Texas Ethics Commission as required by law

4. Chair the Finance Committee

5. Prepare and present a monthly financial report to the CEC

6. Submit an annual operating budget to the CEC for approval on or before the final meeting of each calendar year

7. Ensure a financial review for each account is conducted at the conclusion of each calendar year and presented to the CEC within 30 days

8. Perform other such duties as may be placed upon the Treasurer by the rules of the Texas Democratic Party, state laws, or that may be assigned by the County Chair or the CEC

The Treasurer may be recalled by a 2/3 vote of the CEC present at the CEC meeting in which a quorum exists. The CEC members must receive at least a five (5) day written notice that this action will be on the agenda at the next regularly scheduled CEC meeting.

ARTICLE IV – BOOKS AND RECORDS

Section 1: Records.

All records of the SCDP CEC, including, but not limited to, minutes from all CEC meetings, committee reports, candidate filing forms, returns of elections, financial statements, accounting records, and official correspondence and contracts shall be kept by the Chair in the official office of the SCDP, or such other place designated by the Senior Advisory Council (as described in Article V below) and shall be available for inspection upon request of any member of the CEC. The Treasurer and Secretary may also copy and maintain the records necessary for carrying out the duties of their respective offices.

At each CEC meeting the report from the Finance Committee shall include the findings of the monthly reviews of the bank statements for every account. Following each committee report, all records shall be given to the Secretary.

The Finance Committee shall establish written procedures for the handling and management of party funds and also the receipt and balancing of bank statements.

These procedures shall be binding on any person collecting and/or handling money on behalf of the party.

Section 2: Banking.

All money received by the CEC shall be deposited into the appropriate financial account. Signatories on the accounts of the SCDP shall be the County Chair, the Secretary, and the Treasurer. Two signatures shall be required for all checks for expenditures in excess of $500.00. Online or electronic purchases in excess of $500.00 shall require written approval of the County Chair or designee and one other officer.

The County Chair, or the Secretary in the absence of the chair, has the authority to spend up to $500.00 per month without the approval of the body for expenditures not in the budget.

Receipts from all purchases made on behalf of SCDP shall be submitted to the Treasurer within five (5) days of the purchase.

Section 3: Budget.

The CEC shall adopt a budget at the CEC meeting held during the 4th quarter of each year, covering operations presented by the County Chair after review by the CEC and the Senior Advisory Council. Adoption of the budget shall constitute authorization to spend up to the amount specified for each category of expenditures.

The budget may be amended or supplemented by action of the CEC.

Section 4: Fiscal Year.

The fiscal year for the SCDP CEC shall run from January 1 to December 31.

ARTICLE V – SENIOR ADVISORY COUNCIL

Section 1: Purpose.

A Senior Advisory Council shall provide counsel and advice to the County Chair and the SCDP in general. The Senior Advisory Council may consist of the following members:

a) Secretary

b) Deputy Chair(s)

c) Treasurer

d) Parliamentarian

e) Sergeant at Arms

f) Education Committee Chair

g) Any other individual appointed by the County Chair or the majority of CEC members

The duties of the council are as assigned by the County Chair.

The term of office of the members of the Senior Advisory Council shall be concurrent with the term of the members of the CEC. A member of the Senior Advisory Council may be removed at the discretion of the County Chair.

ARTICLE VI – COMMITTEES

The CEC may establish such committees as it deems appropriate to carry out its nonstatutory duties and may elect or appoint committee members who are not members of the CEC. The Chair of such committees shall be appointed by the County Chair and ratified by the CEC. The term of office of the Chair of such committees shall run concurrently with the term of office of the CEC.

The committee chairs shall appoint recording secretaries. Minutes are submitted to the Party Secretary. The Secretary files the minutes in the permanent records file.

The following are the standing committees of the SCDP:

Section 1: Elections.

The Elections Committee shall assist the County Chair and Secretary in conducting elections and the County Convention. Duties include:

a) Managing the mechanics of an election, such as recruiting and recommending Primary Election Judges; poll watching; observing counting of ballots; and ensuring the Party abides by the Texas State Election Code and the rules of the Texas Democratic Party.

b) Providing a “voting protection team” during elections to quickly investigate problems and to staff phones to quickly handle questions

c) Coordinating with candidates to represent voters and ensure that everyone is able to have easily accessible polling places; prevent intimidation of voters at the polls; and do everything possible to assure fair elections for all

Section 2: Finance.

The Finance Committee shall consist of the Party Treasurer, a minimum of two (2) members of the CEC, and a minimum of one (1) person who is not a CEC member.

The Finance Committee shall:

1) Meet at least quarterly

2) Receive from the Treasurer a record of all accounts, income receipts, accounts payable, financial statements, checks and deposit slips

3) Create a budget for the subsequent fiscal year to the CEC during the 3rd quarter

4) Develop a sound financial policy

5) Perform a complete review of all SCDP financial records as soon as possible after the end of the fiscal year and submit the review results to the CEC at the next regular meeting

Section 3: Communications.

The Communications Committee shall be responsible for coordinating all public and media relations, including, but not limited to, digital media, voter guides, signage, fairs, festivals, and parades. The committee shall:

1. Maintain contact lists for local news media

2. Provide information about Democratic activities to local Democrats and local news media

3. Provide technical advice and assistance when possible

4. Maintain electronic communications and Internet assets on behalf of the SCDP

a. The SCDP’s Internet assets are accounts with Internet Service Providers, URL registration, social media accounts or groups in the SCDP’s name, and similar registrations of internet accounts, groups, or sites operated using the SCDP’s name; and the supporting electronic files and documents.

b. Ownership will always be registered in the SCDP’s name, and control shall always reside with the SCDP.

c. Where individuals’ names are required, such as for webmasters, group “owners” or “administrators,” and similar points of contact, the individuals occupying those positions will not claim actual ownership of the SCDP’s internet assets but instead on request and without financial demands, they will relinquish control (including passwords, usernames and other instructions necessary to use those assets) to the communications committee or such other individuals or bodies as the CEC may designate. Such individuals accept an obligation to sign suitable releases at the beginning of every term and at any time from assuming such positions, continuing after they leave such positions.

The Secretary shall be an ex-officio member of the committee.

Section 4: Education.

The Education Committee shall provide trainings and/or provide training information in a regular and timely manner.

Section 5: Campaign Committee.

The Campaign Committee shall:

a) Recruit candidates for every election

b) Assist with campaigns

c) Maintain a database of local elected offices, requirements of those positions, and the terms of office. This information shall be sent to the SCDP secretary.

Section 6: Rules Committee.

The Rules Committee shall consist of a minimum of three (3) members. The duties of the committee include:

a) Annually reviewing bylaws and ensuring compliance with all applicable laws, the Texas Ethics Commission, and the rules of the Texas Democratic Party

b) Accepting amendments to the bylaws

Section 7: Ad Hoc Committees.

a) Headquarters

b) Voter Registration

c) Legislative and Policy

ARTICLE VII – CLUBS AND ORGANIZATIONS

The SCDP supports and encourages affiliated clubs and organizations that promote Democratic values and principles. However, the opinions of such clubs and organizations remain those of the individual groups and do not necessarily reflect the platform or views of the SCDP, the Texas Democratic Party, or the national Democratic Party.

ARTICLE VIII – PARLIAMENTARY AUTHORITY

The rules contained in the current edition of Robert’s Rules of Order Newly Revised (RONR) shall govern meetings in all cases to which they are applicable and in which they are not inconsistent with the governing documents and any special rules of order the CEC may adopt.

ARTICLE IX – AMENDMENT

These rules may be amended by a two-thirds (2/3) vote of the CEC members present at the CEC meeting in which a quorum exists, provided the proposed amendment(s) is submitted in writing to the rules committee thirty (30) days in advance of the vote.

Proposed amendments or changes thereto can be withdrawn by the person(s) offering them at any time prior to the vote.

ARTICLE X – DISSOLUTION

The SCDP can only be dissolved in accordance with the requirements of the Texas Business Corporations Act, the Texas Election Code, the Texas Ethics Commission, or otherwise as state law dictates.

ARTICLE XI – CONFLICTS

Any conflicts between the provisions of these rules and the rules of the national Democratic Party, Texas Democratic Party, or any federal or state laws shall be resolved in favor of the rules of the national Democratic Party, Texas Democratic Party, or federal or state laws.